PERMANENT RULES
Date of Adoption: June 4, 1999.
Purpose: To update WAC 458-16-320 so that it accurately reflects the current contents of RCW 84.36.043 that authorizes a property tax exemption for emergency or transitional housing for low-income persons or homeless victims of domestic violence.
Citation of Existing Rules Affected by this Order: Amending WAC 458-16-320 Emergency or transitional housing.
Statutory Authority for Adoption: RCW 84.36.865.
Other Authority: RCW 84.36.043.
Adopted under notice filed as WSR 99-07-090 on March 19, 1999.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
June 4, 1999
Russell W. Brubaker
Assistant Director
Legislation and Policy Division
OTS-2950.1
AMENDATORY SECTION(Amending WSR 94-07-008, filed 3/3/94, effective 4/3/94)
WAC 458-16-320
Emergency or transitional housing.
(1) Introduction. This section explains the property tax exemption available under the provisions of RCW 84.36.043 to real and personal property used by a nonprofit organization, association, or corporation to provide emergency or transitional housing to low income persons or victims of domestic violence who are homeless for personal safety reasons.
(2) Definitions. For purposes of this section, the following definitions apply:
(a) "Emergency housing" means a facility whose primary purpose is to provide temporary or transitional shelter and supportive services to the homeless in general or to a specific population of the homeless for no more than sixty days.
(b) "Homeless" means a person, persons, family, or families who do not have fixed, regular, adequate, or safe shelter nor sufficient funds to pay for such shelter.
(c) "Low-income" means income that does not exceed eighty percent of the median income for the standard metropolitan statistical area in which the city or town is located.
(d) "Supportive services" means resume writing, training, vocational and psychological counselling, or other similar programs designed to assist the homeless into independent living.
(e) "Transitional housing" means a facility that provides housing and supportive services to homeless individuals or families for up to two years and whose primary purpose is to enable homeless individuals or families to move into independent living and permanent housing.
(f) "Victim(s) of domestic violence" means either an adult(s) or a child(ren) who have been physically or mentally abused and who fled his or her home out of fear for his or her safety.
(g) "Property" means real or personal property used by a nonprofit organization, association, or corporation in providing emergency or transitional housing and supportive services for low-income homeless persons or victims of domestic violence.
(h) "Commercial" refers to an activity or enterprise that has profit making as its primary purpose.
(3) Exemption. The real and personal property exclusively used, or to the extent that it is exclusively used, by a nonprofit organization, association or corporation to provide emergency or transitional housing to low-income homeless persons or victims of domestic violence shall be exempt from taxation if the following conditions are met:
(a) The amount of the charge or fee for the housing does not exceed maintenance and operation expenses;
(b) The property is either:
(i) Owned by a nonprofit organization, association, or corporation; or
(ii) ((For taxes payable in 1992 through 2000,)) Rented or leased by a nonprofit
organization, association, or corporation and the benefit of the exemption inures to a nonprofit
organization, association, or corporation; and
(c) If any portion of the organization's, association's or corporation's property is used for a commercial purpose rather than for an exempt purpose, that portion of the property must be segregated and taxed.
(4) Additional requirements. Any organization, association, or corporation that applies for a property tax exemption under this section must also comply with the provisions of WAC 458-16-165 that explains the additional conditions and requirements necessary to obtain a property tax exemption pursuant to RCW 84.36.043.
[Statutory Authority: RCW 84.08.010, 84.08.070 and chapter 84.36 RCW. 94-07-008, § 458-16-320, filed 3/3/94, effective 4/3/94.]